Richard Bruton (Dublin North Central, Fine Gael)
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Question 283: To ask the Tánaiste and Minister for Health and Children the legal rights planned for children who are in informal family arranged foster care; if she will ensure that the best interests of children are served and that their status would not be changed without consideration of their interests. [40334/05]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy is referring to a private arrangement between family members. As these children have not been formally placed in foster care by the Health Service Executive, any concerns regarding the arrangement would be a matter for family law. However, if there are concerns regarding the health, welfare or safety of the children, the Child Care Act 1991 would apply. Under the provisions of the Child Care Act 1991, the Health Service Executive has an obligation to take a child into care if the child requires care or protection.

Private foster care arrangements, excluding family arrangements where a child is in the care of a relative, are governed under the Children Act 2001. Under the Act, the Health Service Executive must be notified of such arrangements and the Health Service Executive has the authority to investigate the care and attention that the child is receiving and to act accordingly.